The "Chief Bradley Haas Mental Health Firearms Reporting Act" seeks to improve the reporting of mental health data in relation to firearms background checks and establish protocols for the confiscation of firearms following certain mental health court proceedings. The bill amends RSA 159-D:1 to incorporate a mental health record check into the criminal history record check for firearm sales. It also introduces a new chapter, RSA 159-G, which empowers the New Hampshire judicial branch and the department of safety to report individuals disqualified from firearm possession due to mental health adjudications to the National Instant Criminal Background Check System (NICS). This includes individuals found not guilty by reason of insanity, those deemed incompetent to stand trial and a danger to themselves or others, and those involuntarily committed to mental health facilities. The bill ensures that information sent to NICS regarding these prohibitions will not be public records and emphasizes the confidentiality of medical records.

Additionally, the bill establishes a new chapter, Chapter 159-H, allowing individuals with certain mental health adjudications to petition for relief from firearm disabilities after specified time frames. It outlines the petition process, which includes an independent psychiatric examination and a court hearing to assess public safety risks. The court may grant relief if it finds clear and convincing evidence that the individual does not pose a danger. The bill also mandates the attorney general to seek federal approval to ensure compliance with federal law regarding the restoration of rights, and it repeals a section of existing law related to NICS submissions. While the bill does not allocate funding, it anticipates increased costs for the Judicial Branch due to the need for additional staff and psychiatric evaluations, with an initial appropriation of $1 for the fiscal year ending June 30, 2025.

Statutes affected:
Introduced: 159-D:1, 126-AA:2